Last Updated: January 15, 2023
Thank you for using GutChek! The following terms and conditions (the “Terms and Conditions” or the “Agreement”) constitute an agreement between you and GutChek Inc. (“GutChek,” “we,” or “us”), the operator of the GutChek app and related services, and all associated services (collectively, the “Services”) provided by GutChek and on/in which these Terms and Conditions are posted or referenced. “You” or “yours” refers to any user or other person or entity other than yourself who accesses our Services; whether or not such person or entity registered for a GutChek account (an “account”).
Your access to and use of the Services is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using our Services or any information or Content provided through the Services, except as necessary to review this Agreement. Our Services are continually under development, so these Terms and Conditions may change along with our Services. We reserve the right to change the Terms and Conditions any time, but if we do, we will post a notice on our site, send an email, and/or notify you by some other means. If you don’t agree with the new Terms and Conditions, you are no longer able to use our Services. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes. We may from time to time add new features to our Services, substitute a new Service for one of the existing Services, or discontinue or suspend one or any part of the existing Services. Under no circumstances will GutChek be liable for any suspension or discontinuation of any of the Services or portion thereof, and any use of new features or Services will be governed by this Agreement.
When you create a GutChek Account, you will provide an email address, password (collectively, “Credentials”). You acknowledge and agree that you are responsible for maintaining the confidentiality of your Credentials. By creating an account, you consent to receive all required notices and information. Electronic communications may be posted on our Services and/or delivered to the email that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or changes thereof, including email, mobile number, and personal address. If you become aware of any unauthorized use of your Registration or Account Information for the Service, you agree to notify GutChek immediately at firstname.lastname@example.org
Doctors or physicians must also provide a valid National Provider Identifier (NPI) number when registering a GutChek Account using our app, In order to verify your identity as a Healthcare Provider, you authorize us to make any inquiries we consider necessary to validate your identity including organizational address, number, or other verifying information you provide against third party databases or other sources. Verification of identity may involve direct telecommunication with you or your office location by phone, fax, or email. If you do not provide this information or GutChek cannot verify your identity or credentials as a doctor, we can refuse to allow you to use the Services.
You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a medical professional-patient relationship between you and GutChek, and does not constitute an opinion, diagnosis or treatment, or medical advice but is provided as general information to assist you in choosing a doctor or other healthcare professional, provider, organization, or agent or affiliate thereof (collectively, “Healthcare Providers”). By using our Services, you may, however, be entering into a medical professional-patient relationship with the Healthcare Providers. We do not control or interfere with the practice of medicine by the Healthcare Providers, each of whom is solely responsible for directing the professional services, medical care, recommendations, and/or treatment they provide to you. These include pre-screening questionnaires, instructions, treatment, and procedures. GutChek encourages Healthcare Providers to be responsible in their use of the Services, but we have no control over, and cannot guarantee the availability of any Healthcare Provider. We will not be liable for canceled or no-show procedures, or any injury or loss arising, resulting, related to the use of the Services. By accepting this Agreement, you acknowledge and agree that Healthcare Providers may send you messages, reports, and emails via the Services regarding your diagnosis and/or treatment. You understand and agree that GutChek is not responsible for the security or privacy of the communications services you use to receive the aforementioned messages, reports, and emails sent via the Services. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither GutChek nor the Healthcare Providers will be responsible in any way and you will not hold GutChek or any Healthcare Providers liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Healthcare Provider(s).
GutChek is not a referral service and does not employ, refer, recommend or endorse any specific Healthcare Provider’s opinion, procedure, test, schedule availability or other information that may appear through the Services. GutChek’s lists of Healthcare Providers are not 100% complete as there may be Healthcare Providers that fit your needs outside our Services. Healthcare Providers listed through our Services enter into contract with us and choose what appointment availability, if any, to advertise on their GutChek profiles. Healthcare Providers may have availability beyond what’s listed through the Services. The Healthcare Providers presented to you are based on information you provide us, including insurance information, geographic location, and availability. YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE HEALTHCARE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE. GutChek takes certain limited steps to verify that Healthcare Providers participating in the Services hold certain active licenses, certifications or registrations required by law to practice the specialties of the services offered by them through the Services. At our discretion, GutChek reserves the right to exclude Healthcare Providers from our Services who have engaged in inappropriate or unprofessional behavior. Gutchek does not make any representations or warranties with respect to these Healthcare Providers, their actions, or the quality of the services they may provide. We are not responsible for (a) ensuring that information a Healthcare Provider provides about himself or herself, including credentials, is accurate or up-to-date, (b) making sure that Healthcare Providers’ services are actually provided or are up to a certain standard of quality. GutChek does not receive any fees from Healthcare Providers for featuring them higher or better placement on lists through the Services.
We make every effort to provide you with accurate insurance coverage and benefit content (“Insurance Content”). Insurance Content is provided, maintained, and managed by Healthcare Providers on our Services for your convenience and general purposes only. Insurance Content can change frequently, become out-of-date, incomplete, or inaccurate. You agree that you will provide, maintain, and verify accurate insurance-related Personal Data obtained by automated means from an insurance card. You also are responsible for ensuring the Healthcare Provider(s) you choose using our Services takes your particular insurance before, and at the time of, your appointment. GutChek is not responsible for any outdated, incomplete, or inaccurate Insurance Content.
You may elect to enter medical and personal health information into the Services provided by GutChek and authorize us to provide this Personal Data to your chosen Healthcare Provider(s). You acknowledge and agree that such information will be reviewed and verified for accuracy by you or an authorized individual at the time of your appointment. You may also authorize to provide or share Personal Data to other users within our Services. You are responsible for any data or information you.
The Content provided by the Services is provided for general information purposes only. GutChek does not provide medical advice, diagnosis, or treatment. Any pre-screening questionnaires or instructional materials contained on the Services are developed and made available by Healthcare Providers using our Services to schedule and distribute information for the typical individual undergoing colonoscopy. It does not replace medical advice from Healthcare Providers and does not include all information about conditions, treatments, medications, side effects, or risks that may apply to a specific patient. Users must speak with their Healthcare Provider(s) for complete information about their health, medical questions, prevention and treatment options including any risk or benefits. Content and other information contained on the Services is provided as a convenience. No decision should be taken based solely on the Content of the Services, nor should you delay seeking medical advice or treatment due to its information. We encourage you to independently confirm any Content relevant to you with other sources, including the Healthcare Provider’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education. GutChek Inc disclaims any warranty or liability relating to the content or use thereof.
You are prohibited from using or attempting to use the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) in any manner that could interfere with any other party’s use and enjoyment of the Services, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by GutChek to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by GutChek, (vii) to copy, reverse engineer, disassemble or decompile, decipher, or create derivative works any section or technology on the Services, or (viii) for any use other than the business purpose for which it was intended. You agree you will not: (a) provide your Credentials to any other person, use any other person’s login credentials, or attempt to gain unauthorized access to any portion of the Service;(b) falsify personal information in your GutChek Account, create more than one account, transfer your account, or create an account for anyone other than yourself; (c) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, tortious, libelous, or inappropriate with respect to race, gender, ethnicity, sexuality or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (d) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any GutChek representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) upload or transmit any material that you do not have a right to display, reproduce or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (f) upload files that contain viruses, trojan horses, worms, malware, ransomeware, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (g) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (h) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “pyramid schemes,” “phishing, ” “chain letters,” “lottery,” “gambling” or any other form of solicitation, commercial or otherwise; (i) violate any applicable local, state, national or international law; (j) upload or transmit any material that infringes any trademark, patent, service mark, trade secret, copyright or other proprietary rights of any party; (k) copy, reproduce, modify, delete any material posted by any other person or entity; (l) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (m) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (n) circumvent any technology used by GutChek or any third party to protect content accessible through the Services; (o) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (p) harvest or otherwise collect information about others, including email addresses; (q) accumulate or index any Content or portion of the Services (including, without limitation, Healthcare Provider Content, appointment availability, and insurance related content); (r) use any robot, spider, scraper, or other automated or manual means to access the Services, or copy, download, distribute or reproduce any content or information on the Services; (s) provide false information; or (t) assist or permit any person in engaging in any of these activities. GutChek reserves the right to take any legal actions or implement any technical measures it may deem appropriate to prevent violations of and enforce the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. GutChek may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
You may encounter links to the third-party websites while using our Services. We are not responsible for, nor do we control, the content, products, or services provided by any linked websites. GutChek is providing these links to you only for your convenience. We do not endorse or guarantee the quality or accuracy of the products, information, services, or recommendations provided by these websites. You acknowledge and agree to release and hold GutChek harmless or liable for any kind of loss or damage, legality, or decency arising from accessing other websites using our Services. You should carefully review and do whatever investigation is necessary before accessing or dealing with any of these third parties.
We may incorporate third party software as part of certain of the Services, including without limitation open source third party software. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third party software provider. Where applicable, additional notices relating to the third party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third party software.
Use of the Services on our mobile app is dependent on third party stores from which you download the application, including the Apple App Store and Google Play (collectively, “Application Provider”). Our app is made available through a compatible mobile device and internet and/or network access. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device, telecommunications, or Application Provider. GutChek makes no warranties or representations of any kind, express, statutory or implied as to: (a) the availability of telecommunication services or Application Provider and access to the Services at any time or from any location; (b) any loss, damage, or other security intrusion of the telecommunication services or Application Provider; and (c) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
When you voluntarily provide your email or mobile number, you are consenting to receive communications from GutChek and Healthcare Providers you assign by telephone, SMS and MMS messages, push notifications, or email. You acknowledge and agree to receiving such communications for operational, transactional, and informational purposes. You represent and warrant that each person or entity for whom you provide a mobile number receive communications from GutChek. You can opt out of receiving all text messages or push notifications at any time by adjusting your notification settings in your account or device settings. Note that opting out of receiving all messages may impair your ability to use our Services.
Although regular backups of Content are performed, GutChek does not warrant or guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. GutChek will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But you acknowledge and agree that GutChek has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of our Services.
We respect the intellectual property rights of others. We will respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through our Services, you must submit your notice in writing to the attention of our copyright agent via email at email@example.com and include in your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail) (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest; (b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (c) identification of the URL or other specific location on the Services where the material that you claim is infringing is located; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You can contact our copyright agent via email at firstname.lastname@example.org. Upon receipt of a notification, GutChek will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from our Services.
GutChek content provided through the Services, including the “look and feel”, notices, software, and other materials are protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the Services (including but not limited to its content) in any manner not covered by the Agreement.
WE AT GUTCHEK PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE CONTENT OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HERE, GUTCHEK MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. GUTCHEK DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED, ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUTCHEK BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD-PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GUTCHEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GUTCHEK SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold GutChek and any Third Parties offering products or services through the Services, including the Healthcare Providers harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, risks, costs, losses, and expenses (including, without limitation, litigation expenses and attorneys’ fees) relating to or arising from your use of the Services, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
If any dispute, claim, question, or disagreement arising between you and GutChek, or any Healthcare Providers, relating in any way to the use of our Services, or arising out of or in connection to this Agreement, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in Madison County, Alabama. IN THE EVENT OF ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND GUTCHEK WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY. You and GutChek are instead choosing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND GUTCHEK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER GUTCHEK USERS. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and GutChek will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules.
You have the right to opt out of the provisions of this arbitration by sending written notice of your decision to opt out to the following email: email@example.com within thirty (30) days of first accepting these Terms. You must include your name, home address, email address, mobile number associated with your account, and a clear statement that you want to opt out of these Terms and Conditions’ arbitration agreement. If you send the opt-out notice and/or in any circumstances where the foregoing arbitration agreement permits either you or GutChek to litigate any dispute arising out of or relating to the subject matter of these Terms and Conditions in court, then the foregoing arbitration agreement will not apply to either you and GutChek, and both agree that any judicial proceeding will be brought in the state or federal courts located in Madison County, Alabama.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions.
This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the applicable federal law and the laws of the State of Alabama as applied to contracts made and to be performed entirely within Alabama, without giving effect to the state’s conflicts of law statute. Disputes arising under this Agreement shall be resolved through binding arbitration in accordance with the Terms and Conditions set forth in the arbitration section of this Agreement.
You may not assign, transfer or sublicense this Agreement any attempt will be null and void. GutChek may, in its sole discretion, assign or transfer this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our business or any assets to another entity.
If you have any questions about these Terms and Conditions, you can contact us by email: firstname.lastname@example.org